Retainer Agreement for Attorney Services

1. By this agreement, _____________________ retains________________________ to advise, represent, appear and act for Client concerning the following matter: ______________________________________________________________________________________________________________________________

2. The above-mentioned power of attorney is restricted within:

(A) Authorized¹ attorney-ship: the right to approve, change, withdraw the suit petition, and the right to perform reconciliation², lodge³ appeal, countercharge or cross action;

(B) Ordinary attorney-ship: the right to suit and perform reconciliation

3. The Attorney must do his/her duty to uphold the utmost legal interest of the Client.

4. The Client certifies⁴ that no other attorney is representing him/her in this matter and understands that the Attorney cannot and does not promise a successful outcome.

5. The Client agrees to cooperate fully⁵ with the Attorney and will promptly⁶ notify the Attorney of any of the following:

(A) any changes in address, telephone number, or the client’s situation which may impact Attorney’s representation; or

(B) any plans to leave town which might interfere⁷ with court dates or appointments.

6. The Client agrees to assist the Attorney with this matter by:

(A) providing complete information, including information that will assist the Attorney to investigate this matter;

(B) maintaining regular contact with Attorney as is necessary for the conduct of his/her case;

(C) attending and being on time for all appointments and court dates if required and notified;

(D) promptly notifying Attorney when other people contact Client about the case; and

(E) helping⁸ to locate persons who may provide information about this case.

7. The Attorney agrees that

(A) keep the Client informed about the status of his/her case;

(B) keep all sensitive information provided by the client confidential⁹ unless authorized by the Client to disclose it (except that information may be shared with other attorneys who are working on the case or assisting with representation);

(C) consult with the Client before making any significant decisions about the case; and

(D) not settle the case without Client’s consent

8. The Client agrees to assume responsibility for all expenses, which may include, but are not limited to, agency or court filing fees, costs of service of process and certified¹⁰ mail and any other administrative¹¹ costs or litigation expenses. Attorney will discuss any significant costs with Client before incurring¹² them.

9. When the Attorney closes Client’s file, all original documents that were furnished by Client shall be returned.  Attorney will maintain the file for ______ years from the date of case closing, after which time it will be destroyed.

10. By agreeing to represent Client in the matter set forth¹³ above, the Attorney does not agree to represent Client in any appeal, to collect any money judgment¹⁴, or to enforce any order obtained in this matter. The parties may agree at a later time to extend representation to another matter. Any such extension will be the subject of a separate written agreement between the parties.

11. Client understands that Client may end this agreement at any time for any reason and agrees to notify the Attorney in writing that he/she wishes to end this Agreement.

12. Client understands that Attorney reserves the right to withdraw from representing Client in certain limited circumstances. These circumstances include, but are not limited to, the following:

(A)   where insufficient¹⁵ legal grounds exist to continue a court or administrative action or appeal；

(B) where Client fails to cooperate with the reasonable requests of Attorney；

(C) where a conflict of interest is discovered or arises which makes it inappropriate

for Attorney to continue representation; and

(D) where Client fails to meet the terms of this agreement

13. Pursuant to the article 23 of Law of the People’s Republic of China on Lawyers, two parties agree that the fee payment in the proceedings¹⁶ be settled as follows:

    (A) piece-work charge: the Client pays the Attorney for attorney fee:       

    (B) hourly-work charge: the Client pays the Attorney fro Attorney fee:     

    The above-mentioned fees should be paid on the date this agreement is signed.

14. The period of validity of this agreement starts on the date it is signed and expires

with the termination of the commission (including reconciliation, withdrawal¹⁷, revocation¹⁸, court decision or mediation¹⁹ etc.).

If the termination (interruption) of the agreement is due to the Client, the contracted attorney fee will not be refunded²⁰ (the unpaid²¹ part should be complemented); if the termination (interruption) is due to the Attorney, the charged attorney fee will be refunded (the unpaid part is exempted).

15. The Client shall preserve attorney-client confidentiality²². The Client shall not copy or disclose confidential Attorney-Client communication and work product to anyone else without permission of the Attorney.

16. Client has read this agreement in its entirety, or has had it read and explained to him/her in its entirety, before signing it. Client understands and agrees to the terms of this agreement.

17. This writing represents the entire agreement between the parties and cannot be amended²³ or modified except in writing signed by the parties.

18. Others:                                                        

19. The agreement enters into force after signing and sealing of two parties.

CLIENT                        CAPITALLAW & PARTNERS

Representative:                  Representative

Date                            Date